Lee v. Toyota Motor Sales USA Inc et al

Filing 60

STIPULATION AND ORDER re 58 to Amend Complaint and Cross-Claim filed by Digitaldog Auto Recovery. Signed by Judge Edward M. Chen on 7/19/17. (bpfS, COURT STAFF) (Filed on 7/19/2017)

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1 DAVID J. GARTHE, ESQ. (52398) BOORNAZIAN, JENSEN & GARTHE 2 A Professional Corporation 555 12th Street, Suite 1800 3 Oakland, CA 94607 Telephone: (510) 834-4350 4 Facsimile: (510) 839-1897 dgarthe@bjg.com 5 Attorneys for Defendant/Cross-Claimant 6 Bay Cities Auto Recovery Inc. dba Digital Dog Auto Recovery; and 7 Defendant Millennium Capital and Recovery Corp. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 ALIK LEE, 11 Plaintiff, 12 vs. 13 TOYOTA MOTOR SALES USA, INC., et al., 14 Defendants. 15 AND RELATED CROSS-CLAIM. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:16-cv-03195-EMC STIPULATION AND ORDER TO AMEND [COMPLAINT AND] CROSSCLAIM First Amended Complaint Filed: 9/9/16 Plaintiff Alik Lee (“Plaintiff”), Defendant/Cross-Claimant Bay Cities Auto Recovery Inc. 18 dba Digital Dog Auto Recovery (“Digital Dog”) and Defendant Millennium Capital and Recovery 19 Corp. (collectively, the “Parties”) respectfully submit this Stipulation to add a defendant and cross20 defendant, to wit: Toyota Motor Credit Corporation. 21 On or about March 23, 2017, Digital Dog filed its Answer to First Amended Complaint and 22 Cross-Claim in this matter. At the time, Digital Dog was unaware of the true name and form of 23 the party against which it cross-claimed. After investigation, and upon information and belief, the 24 entity which authorized the alleged injury of which Plaintiff claims is Toyota Motor Credit 25 Corporation. Digital Dog therefore seeks leave to amend its cross-claim to add such entity to all 26 causes of action contained therein. 27 IT IS HEREBY STIPULATED AND AGREED by the Parties in pro se or through their 28 counsel of record as follows: -1STIPULATION TO AMEND [COMPLAINT AND] CROSS-CLAIM TO ADD PARTY – Case No. C16-03195-EMC 1 1. That the First Amended Complaint of Plaintiff be amended to add Toyota Motor 2 Credit Corporation as a defendant; 3 2. That the Cross-Claim of Digital Dog be amended to add Toyota Motor Credit 4 Corporation as a cross-defendant, with the Court to issue the accompanying Summons. 5 DATED: July 18, 2017 6 ___/s/ Alik Lee _________ Plaintiff ALIK LEE in pro se 7 8 9 DATED: July 18, 2017 10 BOORNAZIAN, JENSEN & GARTHE A Professional Corporation 11 12 By: ___/s/ David J. Garthe____________ DAVID J. GARTHE, ESQ. Attorneys for Defendant/CrossClaimant Bay Cities Auto Recovery Inc. dba Digital Dog Auto Recovery and Defendant Millennium Capital and Recovery Corp. 14 15 16 IT IS SO ORDERED. S 21 HON. EDWARD M. CHEN MAGISTRATE JUDGEeOF THE n M Ch U.S. DISTRICT.COURT Edward Judge RT ER H 23 NO 22 27917\758697 R NIA DERED SO OR IT IS ____________________________________ FO 20 7/19/17 UNIT ED 19 DATED: RT U O 18 S DISTRICT TE C TA 24 A 17 LI 13 N D IS T IC T R OF C 25 26 27 28 -2STIPULATION TO AMEND [COMPLAINT AND] CROSS-CLAIM TO ADD PARTY – Case No. C16-03195-EMC

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